9/11 Victim Compensation Fund Special Master files pro-NFLPA/Brady Amicus

[Gumby]

How else can you explain Chin's line of questioning, " overwhelming evidence" when not even Goodell classified it as such and the gross number of factual errors in the decision from the number of times the term deflator was actually used (once in the off season) among others that I don't need to rehash.....??
There were multiple ways he could have overturned Berman's decision yet he opted for the one with the least evidence and the most factual mistakes....
It's rare to read a court decision with factual errors due to the review process and the number of eyes that review something before it is filed with a court (as in the case of a brief) or a decision issued by a judge....The high profile nature of this case makes it more of a headscratcher....

Go back and read quantum's posts for an explanation from a legal-process insider.

I think based on what others have said and general hear-say about the appelate process, that it could have been Chin throwing out a pitch for him to hit out of the park with a full explanation contradicting chin. But because the appelate guys tend to be antagonistic or obnoxious in how they ask questions , the brady legalteam reacted poorly/unprofessionally for that level and consequently they lost on STYLE points, name-recognition of the lawyer factors, you pissed me off so i wont give you my vote, or a combination of all three; rather than on facts of the case.

 

[PatsWSB47]

Go back and read quantum's posts for an explanation from a legal-process insider.

I think based on what others have said and general hear-say about the appelate process, that it could have been Chin throwing out a pitch for him to hit out of the park with a full explanation contradicting chin. But because the appelate guys tend to be antagonistic or obnoxious in how they ask questions , the brady legalteam reacted poorly/unprofessionally for that level and consequently they lost on STYLE points, name-recognition of the lawyer factors, you pissed me off so i wont give you my vote, or a combination of all three; rather than on facts of the case.

I've heard this over and over....that judges will make rulings based on the way counsel presents themselves in the courtroom. Is that right??? Justice is dealt out not on the law but how a well a lawyer argues the way the judge thinks he should. I mean if they(judges) have the brief and they ignore it in favor of how the lawyer handles their loaded questions then how us that justice?

 

[QuantumMechanic]

What do you mean by "the way counsel presents themselves"? At the federal appellate level I very much doubt an attorney will be "penalized" just for seeming overeager, or over-angry or whatever. In front of a state trial court -- I bet it's a completely different matter entirely.

But I certainly do believe that if a judge is pushing you on what he sees as a hole in your case and you can't come up with a good counter, or a judge is laying out some reasoning that he thinks could help your case and you don't pick up on that and say what that reasoning applies to your case and help it, then yes, it's likely gonna hurt you, no matter how nice or professional or whatever you were in front of the judges.

The briefs aren't everything. Sure, you've put your best effort in it and laid out your theory of the case. But odds are your opponent put a pretty compelling brief before the judges as well. So there are going to be questions. And they'll sometimes be rapid-fire and cutting. And it's your job as an appellate attorney to stay on your feet and deal with them. If you get flustered or otherwise act like you're avoiding the questions or can't answer them, the judge is going to think there could be some holes there.

 

[Mack Herron]

While the judges consider, anyone remember this?

My understanding was that Brady was never put on notice that the destruction of his phone could serve as a valid reason for disciplinary punishment,” Feinberg said. “That was something Brady learned about after the arbitration commenced. Brady was never given a real opportunity to defend or argue that point because it was never part of the initial arbitration process itself.”

Legendary Brockton attorney says fairness, not football, drove him to join Deflategate

 

[neuronet]

How could they have messed up appeal when the Judges chose to focus on things not covered by the appeal?

Should have been prepared for that, should have been prepared for everything. See patsfan74 posts he did a good job deconstructing it, I thought.

 

[Ivan]

Feinberg, weighing in doesn't guarantee a rehearing, he didn't get one from the Supremes when he did so in the Deepwater- Horizon case, but it certainly gets CAII's attention and makes the possibility significantly higher than it would have been without it.

I'm still betting Brady wins in the end because of Goodell's incompetence. We'll see?

 

[neuronet]

While the judges consider, anyone remember this?

Legendary Brockton attorney says fairness, not football, drove him to join Deflategate

Should be plastered all over ESPN...you know...if they gave a crap about justice...

 

[Ring 6]

What do you mean by "the way counsel presents themselves"? At the federal appellate level I very much doubt an attorney will be "penalized" just for seeming overeager, or over-angry or whatever. In front of a state trial court -- I bet it's a completely different matter entirely.

But I certainly do believe that if a judge is pushing you on what he sees as a hole in your case and you can't come up with a good counter, or a judge is laying out some reasoning that he thinks could help your case and you don't pick up on that and say what that reasoning applies to your case and help it, then yes, it's likely gonna hurt you, no matter how nice or professional or whatever you were in front of the judges.

The briefs aren't everything. Sure, you've put your best effort in it and laid out your theory of the case. But odds are your opponent put a pretty compelling brief before the judges as well. So there are going to be questions. And they'll sometimes be rapid-fire and cutting. And it's your job as an appellate attorney to stay on your feet and deal with them. If you get flustered or otherwise act like you're avoiding the questions or can't answer them, the judge is going to think there could be some holes there.

Quantum what type of attorney are you and where?

 

[RayClay]

While the judges consider, anyone remember this?

Legendary Brockton attorney says fairness, not football, drove him to join Deflategate

I remember him from the salary arbitration hearings for the scum sucking bankers who destroyed the economy while still awarding themselves huge bonuses. He's great. Very funny, almost silly, but he's a killer.

 

[Ivan]

I don't expect anything from ESPN, it's the banana republic of sports networks. They simply do as their masters at the NFL league office instruct them to do.